- 11 U.S.C.
Ferguson v. Fisher (In re Fisher)
Jan
07
2008
Ruling
Debtor's discharge revoked due to failure to turn over stock but discharge of spouse who did not own or control stock not revoked.
Procedural posture
Plaintiff trustee filed an adversary complaint for a revocation of defendant debtors'discharge in a Chapter 7 bankruptcy case, pursuant to 11 U.S.C. § 727(d)(2).
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Court
:
In re Osborne
Jan
03
2008
Ruling
Creditor that knew of debtors' fraud prior to chapter 7 case could not seek revocation of discharge.
Procedural posture
Creditor filed a motion to deny the debtors their discharge under 11 U.S.C. § 727(a), to except their debt from discharge under 11 U.S.C. § 523(a)(6), to revoke the debtors'discharge under 11 U.S.C. § 727(d).
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Court
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Cage v. Watson (In re Watson)
Dec
14
2007
Ruling
Trustee's predischarge postdischarge objection to discharge based on new evidence of malfeasance could be replead as motion for revocation.
Procedural posture
Plaintiff, the chapter 7 trustee, commenced an adversary proceeding against defendant debtor, and the debtor moved to dismiss the adversary proceeding pursuant to Fed. R. Bankr. P. 7012(b). The trustee alleged that the debtor failed to schedule partnership interests and failed to disclose a postpetition referral fee he was paid. A discharge had not yet been issued, but the time for filing the complaint under Fed. R. Bankr. P. 4004 had run.
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Court
:
- 11 U.S.C.
Seaver v. Markey (In re Markey)
Oct
29
2007
Ruling
Discharge revoked due to debtor's failure to disclose intent to mortgage exempt homestead and spending tax refunds that were property of the estate.
Procedural posture
Plaintiff chapter 7 trustee sought a revocation of defendant chapter 7 debtor's discharge pursuant to 11 U.S.C. § 727(d)(2) and objected to the debtor's amended claim of exemptions.
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Court
:
de Guzman Torre v. Abequibel (In re Abequibel)
Oct
18
2007
Ruling
Discharge revoked due to debtor's nondisclosure of real property.
Procedural posture
Plaintiff creditor filed an adversary proceeding against defendant debtor to revoke the debtor's discharge pursuant to 11 U.S.C. § 727(d).
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Court
:
- 11 U.S.C.
McNally v. Echart (In re Echart)
Sep
05
2007
Ruling
Discharge revoked due to debtors'knowing failure to turn refund over to trustee.
Procedural posture
Plaintiff chapter 7 trustee sought to revoke the discharge of defendant chapter 7 debtors pursuant to 11 U.S.C. § 727(d)(2).
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Court
:
- 11 U.S.C.
United States Trustee v. Klages (In re Klages)
Aug
02
2007
Ruling
Discharge revoked due to debtor's spending of tax refunds contrary to court orders.
Procedural posture
Plaintiff U.S. trustee filed a proceeding to revoke the discharge of defendant debtor after the debtor failed to deliver the non-exempt portion of certain tax refunds under 11 U.S.C. § 727(d)(2). Pursuant to 11 U.S.C. § 727(d)(3) and (a)(6)(A), the U.S. Trustee also asserted that the debtor willfully disobeyed court orders to attend debtor's examinations.
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Court
:
- 11 U.S.C.
Magar v. United States
Jul
31
2007
Ruling
Bankruptcy court properly revoked discharge due to debtors'failure to obey order for turnover of tax refunds.
Procedural posture
Appellee trustee filed a complaint to revoke appellant debtors'chapter 7 discharge pursuant to 11 U.S.C. § 727(d)(3) based on the debtors'refusal to obey an order requiring the debtors to turn over a portion of their federal and state tax refunds to the trustee. The debtors appealed from an order of the bankruptcy court revoking the debtors'discharge.
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Court
:
- 11 U.S.C.
Scribner v. Bosket (In re Bosket)
May
25
2007
Ruling
Discharge revoked due to sophisticated debtor's unauthorized postpetition transfer of property to father.
Procedural posture
Plaintiff trustee filed an adversary proceeding to revoke defendant debtor's discharge, pursuant to 11 U.S.C. § 727(d)(1) and (a)(2)(B).
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Court
:
Dupwe v. Darrell (In re Massey)
Apr
17
2007
Ruling
Discharge revoked due to debtor's false oaths regarding interest in vehicles and real estate.
Procedural posture
Plaintiff chapter 7 trustee filed a complaint against defendant debtor to revoke the debtor's discharge pursuant to 11 U.S.C. § 727(d).
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